Research On Protecting The Defendant's Rights In Criminal Trial In Absentia

In the context of the era of vigorously fighting corruption and reinforcing criminal chasing and recovering the stolen goods,Chinese criminal trial in absentia was enacted.It is still in the initial stage and it is necessary to learn mature foreign relative laws for fully playing its role.Chinese criminal trial in absentia is mainly for obtaining effective judgments with foreign recognition to chase fugitives and recover the stolen goods in overseas.So it is most necessary to pay attention to how to fully guarantee the defendant's rights in accordance with the principle of due process.In addition,because China's corrupt personnels prone to flee to America for there being not extradition clause between China and this country,so this paper selects American law as the research object,and analyzes the differences between China and America on protecting the defendant's rights in criminal trial in absentia by literature research method,case analysis method and comparative research method.At last,combined with China's legislative purposes,this paper puts forward some suggestions on improving this system.This paper consists of four chapters:The first chapter is the introduction of protecting the defendant's rights in criminal trial in absentia.It introduces the connotation of criminal trial in absentia,and points out that protecting the defendant's rights is the legitimacy foundation.Then this part summarizes the international attitude towards it and four basic requirements,including attending the trial,expliciting knowledge,legal help,and effective relief.The second chapter is the analysis of protecting the defendant's rights in Chinese criminal trial in absentia.In the context of extraterritorial pursuit and recovering the stolen goods,this chapter consists of the legislative background,legislation position,application situations,and the main rights for protecting the defendant's rights in criminal trial in absentia,including the right to appear in court,the right to be informed,the right to have the defense compulsively and the right for remedy.The third chapter is about protecting the defendant's rights in American criminal trial in absentia.Firstly,it summarizes and analyzes the position and application situations.Then according to typical cases,this part introduces that according with the constitutional spirit America adopts the four ways of protecting the defendant's rights,including the right to appear in court,the right to be informed,the right to have the defense effectively,and the right for remedy.At last,it also introduces the positive influence of "Tortora-Nichols balance test model" on the balance between protecting the defendant's rights and the public interest.The fourth chapter is the perfection of protecting the defendant's rights in Chinese criminal trial in absentia.Through contrasting regulations of the differences between China and America in protecting the defendant's rights in criminal trial in absentia,this paper analyzes four traits of protecting the defendant's rights in Chinese criminal trial in absentia,including generality of the right to be informed,formalism of the right to have the defense compulsively,expansion of the right to appeal,and broadness of the right to dissent.Finally,this paper puts forward five suggestions for perfecting the legislations about protecting the defendant's rights.